Implementation

As stated in section 4.1, the Plan will inform the federal, provincial and local governments, forest companies, other resource users including tourist operators and third parties as to how the Hupacasath will manage their lands and resources. Implementation of the Plan is seen as a collaborative process.

The Hupacasath will implement the Plan with others who are willing to share their vision and enter into agreements as to how lands and resources will be planned, managed and used. The following describes how the Hupacasath will implement the plan with those who share their vision for land and resource management.

While the Hupacasath hold aboriginal rights and title to the lands and resources within their territory the federal and provincial government asserts Crown title over the same land and resources. The Hupacasath will recognize this asserted Crown title through a government to government land use planning process that respects their rights and title and land use governance systems.

A government to government protocol will contain the following components:

• Recognition of Hupacasath rights and title
• Recognition of Hupacasath governance system over land and resources that empowers chief, elders and the community
• Recognizes the Hupacasath Land Use Plan
• Defines a process of implementing the HLUP with government Land Use Plans
• Defines a Land and Resource Management Board that that will identify senior government representatives from ministries who are responsible for land and resource management
• Defines a meeting schedule to implement the above
• Identifies a commitment to funding to implement the above
  

Prior to any resource development within Hupacasath territory the developer will sign an agreement with the Hupacasath that:

• Acknowledges Hupacasath rights and title
• Recognizes the Hupacasath Land Use Plan
• Outlines how the parties will implement the plan cooperatively
• Describes benefits that will accrue to the Hupacasath in terms of jobs and economic opportunities
• Describes the revenues that the Hupacasath will receive

The Hupacasath intend to have Consultation Protocols in place with all land and resource planners and users including companies, governments, etc. The following defines the Hupacasath Consultation Protocol policy.

Purpose of a Protocol

A jointly designed and signed protocol is a demonstration of the parties’ commitment to the process of consultation. The purpose of a protocol is to have a clear, transparent, consistent, good faith based process that will:

• Guide the parties’ conduct through the appropriate stages, with the appropriate people, at the appropriate time
• Make efficient use of the resources available (time, people, money, material);
• Assist the parties towards mutually supported and beneficial solutions related to operations and development within the Hupacasath’s territory
• Be flexible and adaptable as circumstances require
• Focus on pragmatic, effective and efficient actions

The end goal of the protocol is to ensure:

• Hupacasath’s interests are properly addressed
• Third parties have certainty that Hupacasath’s interests are being managed
• The relationship between the parties is strengthened on a long term basis

The protocol addresses the following key areas:

• Why Consult
• What is Needed for Consultation (Information, capacity, time, separate process, financial resources)
• When to Consult
• How to Consult
• Degree of Consultation
• Closing Consultation
• Conflict Resolution
• Process Evaluation (performance indicators)

Degree of Consultation

The Land Use Plan will assist the Hupacasath Natural Resource Manager in identifying which areas get which degree of consultation. This will be done by aligning values, zones or management objectives with different degrees of consultation. The degrees of consultation yield different results and address land and resource concerns, accommodation, consent and compensation.